Wotherspoon Law is a commercial litigation firm whose focus is crisis management, anti-counterfeiting, social media, intellectual property, technology and defamation.  

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Commercial litigator, problem solver, renaissance man, whose focus is always on helping clients succeed. One of David’s clients has said that he “has the strongest client relationship skills of any lawyer I’ve worked with in Canada or the US. I’ve lost count of the number of matters he’s gone to court for me on, and he has never lost any of them.” When it comes to early resolution, one client said, “Any company would be well served in retaining him to advise them when they need a win-win outcome for both sides." David has won a number of awards including being named one of Canada’s Top 25 Most Influential Lawyers by Canadian Lawyer magazine in 2018.

"Whether it's legal advice, financial planning, or strategic consulting, David has the network to help his clients achieve their objectives. His focus on excellence ensures that every resource he recommends is of the highest quality and delivers results that meet or exceed his clients' expectations. David is committed to building strong relationships based on trust and respect. "

"David achieved his LLB from the University of British Columbia in 1991. Prior to obtaining his law degree he received an BA (Hons) from Simon Fraser University and a Masters in Administration from the University of British Columbia. He was called to the British Columbia Bar in 1992. "

Commercial Litigation

Work in this practice is guided by the understanding that litigation must first serve the client's business purposes. Litigation expertise includes technology and software disputes, fraud investigations professional indemnity/negligence, and commercial disputes.  

Defamation & Free Speech  

Extensive practice in defamation provides a wide-range of experience, not to mention some excellent stories. One of his most recent cases involved representing a client who was the target of an internet defamation campaign by an environmental activist.  David’s free speech practice has produced landmark decisions, such as a previously unheard of judgement involving a petition for Google to remove a particular search result from their engine.  

Intellectual Property

Over 25 years’ experience working with clients ranging from solo inventors and entrepreneurs to small and medium-sized enterprises and multinational companies to enforce, protect and exploit intellectual property rights and assets. Practice includes all matters of intellectual property, litigation before courts, and enforcement and anti-counterfeiting.   

Crisis Management  

Provide insight on methods to manage crisis and public relations communications. Knowledge and experience ensure clients are well guided through potentially damaging situations. Cases in this area are frequently intense and require swift action to safeguard clients’ rights.    

Injunctions and Anton Piller Orders   

File injunctions for clients ranging from individuals to massive corporations and regularly delivers favourable outcomes. Often called upon by other firms to support in this area of practice.   

Arbitration   

Alternative dispute resolution has become a significant part of this practice, as counsel in arbitrations, and as a neutral. Case example: Intervenor on behalf of the British Columbia International Arbitration Centre, in front of the Supreme Court of Canada. The submission stated that the courts should provide deference to the commercial arbitration process, given the consensual nature of the process and the choice by the parties to avoid the courts.   

Pro Bono

Extensively engaged in pro bono cases, taking on several opportunities to represent those who would otherwise have difficulty in accessing or navigating the justice system. David believes fervently, in the right to fair representation, his pro bono practice reflects that commitment. One such example, was his representation of the interests of homeless people to defend their right to exist.  

Governance

Mediate BC,
Child Redress (United Kingdom)

Emily Carr University
Collingwood School
Peace Geeks Environmental
Youth Alliance
New Media BC
HR MacMillan Planetarium  

  • Recipient of Lexpert Zenith Award "Celebrating Change Agents in Law." 20129
  • Recipient of Harry Rankin QC Pro Bono Award, 2019
  • Named one of Canada's Top 25 Most Influential Lawyers in the Corporate Commercial Category by Canadian Lawyer, 2018
  • The Legal 500 Canada: Dispute Resolution; Intellectual Property
  • The Best Lawyers in Canada: Intellectual Property Law; Informative Technology Law; Technology Law; Corporate Commercial Litigation
  • The Canadian Lexpert Dictionary: Computer & IT Law; Intellectual Property; Litigation: Intellectual Property; Telecommunications; Technology Transactions; Litigation: Defamation & Media
  • Lexpert Special Edition - Canada's Leading Lawyers: Litigation: Technology and Health Sciences
  • Thomson Reuters Stand-Out Lawyer: Independently rated lawyer (formerly Acritas)* Benchmark Litigation Canada - Litigation Star: Intellectual Property: Commercial
  • WTC 1000: The World's Leading Trandemark Professionals: Anti-Counterfeiting: Trademark Enforcement expertise